If I bought a car after I filed for chapter 7, what will happen to my car? 6 Answers as of May 25, 2015

My BK hasn't been discharged due to finances and filing fees I owe. But I bought a car after I filed. It will take me a few months to refile then have it discharged. What will happen to my car?

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Ronald K. Nims LLC | Ronald K. Nims
Items purchased after a bankruptcy is filed aren't part of the bankruptcy. So your debt on the car can't be discharged.
Answer Applies to: Ohio
Replied: 5/25/2015
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
I think you mean your case was dismissed not discharged. What happens to the car depends on how much it is worth, whether you have the exemptions to cover it, whether you financed it and if so whether the creditor has perfected the lien before you file the case.
Answer Applies to: California
Replied: 5/22/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Any debts incurred after the date of filing are not affected by your Chapter 7. The car purchase after the filing have nothing to do with your CH7 bankruptcy proceeding.
Answer Applies to: Colorado
Replied: 5/21/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
So this question is sort of confusing. If you buy a car after you file bankruptcy, it is yours. Unless you bought it with funds you had when you filed bankruptcy that you did not disclose in your bankruptcy. The confusion is why you believe you will be able to refile your bankruptcy. When a bankruptcy is dismissed, there is often a bar that prevents you from filing again for some time.
Answer Applies to: Nevada
Replied: 5/21/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You will need to either "reaffirm" the car debt or not. If you reaffirm you will owe a "deficiency balance' if it is repossessed and then sold. If you don't reaffirm you will not owe a deficiency balance if it is repossessed and then sold. BUT you will not get credit on your credit report for making the payments either. Technically under the bankruptcy code the lender could repossess the car because you did not reaffirm. BUT they have to use state law to do it and some state laws require a monetary default. You should check with local counsel. This is not resolved in every state.
Answer Applies to: California
Replied: 5/21/2015
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